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Courier-Gazette Digital Edition

auction barnReynolds Auction
owner denied permit

By John Zornow

Auctioneer John Reynolds was denied a special use permit to hold auctions at a Rt. 88 South site at last Wednesday night's town zoning board meeting.

Neighbors of the proposed auction barn site had argued at previous meetings that the holding of even two auctions per year would adversely affect the residents of the neighborhood.

For the board to rule in favor of Reynolds's application, he would have had to prove hardship. No hardship was indicated because the property was known to be zoned residential when he purchased it.

The Town of Arcadia and the Wayne County planning boards were both against approving the use permit. But the final decision was left to the zoning board, which issued the following finding of fact:

Although the applicant contended that the requested use variance, if granted, would not disrupt or alter the residential character of the neighborhood in question, there was credible evidence presented to the board indicating that the proposed commercial use would produce excessive traffic and congested parking patterns, and would result in an adverse impact upon existing residential uses.

Further, the board determined: that since the applicant acquired the premises subject to the residential use restrictions from which relief is now being sought, any alleged hardship is self-imposed or self-created and thus precludes the granting of the requested relief.

Board member Robert Avedisian moved, seconded by Lloyd Parker, to deny the application. All board members voted yes, except Hendrick Fenyn, who was absent due to illness.

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